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1. Defendant B’s KRW 15,00,000 per annum for the Plaintiff and 5% per annum from May 6, 2016 to November 29, 2016.
Reasons
1. Plaintiff’s claim against Defendant A
A. The Plaintiff’s assertion 1) On May 20, 2014, the Plaintiff is jointly and severally guaranteed by Defendant A and Defendant B (hereinafter “instant land”).
3) The construction contract of this case is a construction contract that newly constructs 14 households on the ground (hereinafter “instant construction contract”).
(1) The construction cost of the instant construction project was KRW 1.4 billion. On May 12, 2014, Defendant B paid KRW 45 million to the instant construction project, including lending KRW 15 million design cost to Defendant B from May 12, 2014 to October 31, 2014. However, the instant construction project was suspended due to Defendant A’s nonperformance of obligation. Therefore, Defendant A, the contractor of the instant construction project, jointly and severally with Defendant B, was jointly and severally liable to pay the instant construction contract to Defendant B for a total of KRW 45 million after deducting KRW 2,90,000,000,000, which the Plaintiff was paid from Defendant A, and the Plaintiff was obligated to pay damages for delay from October 31, 2014, which was the final payment date of the Plaintiff’s construction project, to Defendant B’s joint and several liability for the instant construction project. Moreover, Defendant A was unable to submit the instant land to Defendant B to Defendant B without having been paid the instant land to Defendant B’s landowner.
In addition, there was no joint and several guarantee for the loan debt of KRW 15 million against the plaintiff in defendant B.
B. We examine whether Defendant A is the actual contractor of the instant construction project, or whether Defendant A is the actual contractor of the instant construction project, due to the discontinuance of the instant construction project.
The plaintiff and the defendant A.